Temporary Custody Order
#33287 (In Topic #5741)
Hi, i'm just writing to find out some information about this. My step son doesn't want to go back to his mum's house. Her boyfriend hit him into a car door leaving a gash in the side of his head that should of had stitches. The police put and AVO on the boyfriend and we have kept my step son for almost 3 weeks now. He has had phone calls with his mother but has not seen her. He doesn't even want to talk to her on the phone. Someone told us that we can get a temporary custody order that will be enforced until we actually get to court. Everything seems to take forever. As we don't want to leave the house incase his mother or one of her family memebers snatches him up and we never see him again. She doesn't believe he has a choice because of his age. But we have always given him the choice and also enforced all her rules on him. But this has made my partner draw the line. If anyone could help with how we go about getting this done or where to go to find out more information it would be fantastic!
Yes the age makes a big difference - if over 12yrs then the child can make their own decision. If younger then the current court orders would need to be followed. If no court orders then the father can do what he likes with his son and yes the mother could also snatch the child. You should be able to get interim orders fairly quickly if you apply to the court and inform them the matter is urgent.
A 12 years old child cannot make their own decision. At 12 years and younger the childs wishes would be subject to a Report/Evaluation prepared for a FAMCOURT.
Fairgo saidYes the age makes a big difference - if over 12yrs then the child can make their own decision.
At 14 years of age a child can leave home and claim a Government allowance. At that stage the Courts are generally reluctant (depending on circumstances) to make orders about the 'lives with' parent.
Even if there are no orders in place the parent with majority care can make an application for a Recovery Order.
According to your post 'return' is being withheld to protect the child. You should bear in mind any protection is against the third party and the Mother may undertake that the person will not come into contact with the child. The Courts also take a very dim view of any parent that allows a child to witness let alone become part of Domestic Violence.
The only people that can issue a temporary *custody order would be a Court. You can make an urgent application to the FMC but you will need evidence that the child is at risk. Some local Court Magistrates may even issue an order however the majority will refer the matter to the nearest FAMCOURT registry.
*The word 'custody' disappeared from official legal use some years ago to be replaced with 'residential' and the now current 'lives with' and 'spends time with' parents. Do not use the word on any application or material for the Courts.
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